DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Williams Refrigeration Australia Pty Ltd
(AG2015/1436)

WILLIAMS REFRIGERATION COLLECTIVE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 19 JUNE 2015

Application for approval of the Williams Refrigeration Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Williams Refrigeration Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Williams Refrigeration Australia Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 26 June 2015. The nominal expiry date of the Agreement is 31December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Williams Refrigeration Australia Pty Ltd applied to the Fair Work Commission for the approval of the Williams Refrigeration Collective Agreement 2014. The applicant sought approval under section 234 of the Fair Work Act 2009 to avoid the operation of minimum standards for its employees. The Fair Work Commission was tasked with determining whether the provisions of the proposed agreement met the criteria for approval, specifically considering whether the agreement provided for fair and reasonable terms and conditions of employment.

The legal issues before the Commission were whether the proposed agreement complied with the statutory requirements for approval and whether it provided for terms and conditions that were fair and reasonable. The Commission considered various factors, including the bargaining process, the content of the agreement, and whether the agreement was in the public interest. The Commission also had to ensure that the agreement did not adversely affect the employees' right to be protected against adverse action for making a protected industrial action.

After reviewing the application and submissions, the Fair Work Commission approved the Williams Refrigeration Collective Agreement 2014. The Commission found that the agreement had been made through a genuine and fair bargaining process and that it contained terms and conditions that were fair and reasonable. The Commission was satisfied that the agreement did not adversely affect the employees' right to be protected against adverse action and that it was in the public interest. The Commission concluded that the proposed agreement met the statutory criteria for approval under section 234 of the Fair Work Act 2009.

The Fair Work Commission approved the Williams Refrigeration Collective Agreement 2014, effective from the date of the decision. The approval meant that the agreement would operate as a certified agreement, and the minimum standards would not apply to the employees covered by the agreement. The decision was made on the basis that the agreement provided for fair and reasonable terms and conditions of employment and was in the public interest.

Williams Refrigeration Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established